,,ii #aaith ,,congress #ast ,session ,s4 #bfac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjbe,mr4 ,markey 7for himself1 ,mr4 ,hawley1 ,mr4 ,marshall1 ,mr4 ,sanders1 ,mr4 ,padilla1 ,mr4 ,blumenthal1 ,mr4 ,welch1 ,ms4 ,warren1 ,mr4 ,murphy1 and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish protections for warehouse workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,warehouse ,worker ,protection ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,warehouse worker protections,sec4 #aja4 ,fairness and transparency office4,sec4 #ajb4 ,warehouse worker protections4,sec4 #ajc4 ,enforcement by the secretary of labor4,sec4 #ajd4 ,referral of complaints4,sec4 #aje4 ,enforcement by the ,,ftc4,,title ,,ii--,national labor relations act,sec4 #bja4 ,amendments to ,national ,labor ,relations ,act4,sec4 #bjb4 ,national ,labor ,relations ,board report4,,title ,,iii--,,osha standards,sec4 #cja4 ,standard protecting covered employees from occupational risk factors causing musculoskeletal disorders4,sec4 #cjb4 ,standard for protecting covered employees from delays in medical treatment referrals following injuries or illnesses4,sec4 #cjc4 ,correction of serious1 willful1 or repeated violations pending contest and procedures for a stay4,sec4 #cjd4 ,definitions4,,title ,,iv--,miscellaneous provisions,sec4 #dja4 ,severability4,sec4 #djb4 ,preemption4,sec4 #djc4 ,authorization of appropriations4 ,i ,warehouse worker protections #aja4 ,fairness and transparency office ,the ,fair ,labor ,standards ,act of #aich is amended by inserting after section #d 7#bi ,u4,s4,c4 #bjd7 the following3 #e4 ,establishment of fairness and transparency office 7a7 ,in general ,there is established in the ,wage and ,hour ,division of the ,department of ,labor the ,fairness and ,transparency ,office4 7b7 ,director of the ,fairness and ,transparency ,office ,the ,president shall appoint a ,director of the ,fairness and ,transparency ,office to head the ,fairness and ,transparency ,office4 7c7 ,employees and advisory boards of the ,office 7#a7 ,in general ,the ,director-- 7,a7 may select1 appoint1 and employ1 without regard to the provisions of sections #ccji through #ccah of title #e1 ,united ,states ,code1 individuals directly to positions in the competitive service1 as defined in section #bajb of such title1 to carry out the duties of the ,director under this ,act2 and 7,b7 may fix the compensation of the individuals described in subparagraph 7,a7 without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for such individuals may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of that title4 7#b7 ,fairness and ,transparency ,advisory ,board 7,a7 ,in general ,the ,director shall establish a ,fairness and ,transparency ,advisory ,board to advise and consult on the exercise of the functions of the ,director under this ,act and under the ,warehouse ,worker ,protection ,act4 7,b7 ,composition ,the ,fairness and ,transparency ,advisory ,board established under subparagraph 7,a7 shall be composed of-- 7i7 as the ,director determines appropriate1 covered employers and covered employees or representatives of covered employers and covered employees2 and 7ii7 at least one of each of the following3 7,i7 ,worker protection experts4 7,,ii7 ,civil rights experts4 7,,iii7 ,health and safety experts4 7,,iv7 ,workplace technology experts4 7,v7 ,disability law experts4 7,,vi7 ,representatives of labor organizations4 7,,vii7 ,representatives of worker advocacy organizations4 7,c7 ,appointments ,the ,director shall-- 7i7 appoint members to the advisory board established under subparagraph 7,a72 and 7ii7 ensure a partisan balance in the membership of the advisory board4 7,d7 ,meetings ,the advisory board established under subparagraph 7,a7 shall meet-- 7i7 at the call of the ,director2 and 7ii7 not less than #b times annually4 7,e7 ,compensation and travel expenses ,a member of the ,fairness and ,transparency ,advisory ,board established under subparagraph 7,a7 who is not an officer or employee of the ,federal ,government shall-- 7i7 be entitled to receive compensation at a rate fixed by the ,director while attending meetings of the advisory board1 including travel time2 and 7ii7 receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7,f7 ,exemption from the ,federal ,advisory ,committee ,act ,the ,fairness and ,transparency ,advisory ,board established under subparagraph 7,a7 shall be exempt from chapter #aj of title #e1 ,united ,states ,code 7commonly known as the ,federal ,advisory ,committee ,act74 7,g7 ,definitions of covered employee and covered employer ,in this paragraph1 the terms covered employee and covered employer have the meanings given such terms in section #ajb7;a7 of the ,warehouse ,worker ,protection ,act4 7#c7 ,use of voluntary services ,the ,director may1 as may from time to time be needed1 use any voluntary or uncompensated services4 7#d7 ,attorneys ,attorneys appointed under this subsection or the ,solicitor of ,labor may appear for and represent the ,director in any litigation4 7d7 ,rulemaking 7#a7 ,in general ,the ,secretary1 acting through the ,director and the ,administrator of the ,wage and ,hour ,office1 may issue orders and guidance or promulgate regulations as may be necessary or appropriate to enable the ,secretary to carry out the purposes and objectives of the ,warehouse ,worker ,protection ,act1 and to prevent evasions thereof4 7#b7 ,consultation ,in issuing orders and guidance or promulgating regulations under this subsection1 the ,secretary1 acting through the ,director and the ,administrator of the ,wage and ,hour ,office1 may consult with the ,occupational ,safety and ,health ,administration and ,federal agencies that have jurisdiction over labor and employment issues1 including the ,equal ,employment ,opportunity ,commission1 the ,national ,labor ,relations ,board1 the ,national ,mediation ,board1 and the ,merit ,systems ,protection ,board4 4 #ajb4 ,warehouse worker protections 7a7 ,definitions ,in this section3 7#a7 ,adverse employment action ,the term adverse employment action1 with respect to a covered employee1 means a change by the covered employer of the covered employee in the compensation1 terms1 conditions1 or privileges of the job of the covered employee that1 from the perspective of a reasonable person1 puts the covered employee in a materially adverse position than prior to the change1 including termination1 a reduction in benefits1 disciplinary action1 demotion1 promotion1 transfer1 imposition of a work schedule more burdensome to the covered employee1 reduction of scheduled hours1 adjustment in ability for promotion1 or other modifications to compensation1 terms1 conditions1 or privileges of employment4 7#b7 ,aggregated work speed data ,the term aggregated work speed data means employee work speed data that a covered employer has combined1 or collected together1 in a summary or other form so that the employee work speed data cannot1 at any point1 be identified or linked with any specific covered employee4 7#c7 ,commerce ,the terms commerce1 goods1 enterprise1 enterprise engaged in commerce or in the production of goods for commerce have the meanings given such terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#d7 ,covered facility ,the term covered facility means any warehouse distribution center described in the ,north ,american ,industry ,classification ,system code-- 7,a7 #dic1 for warehousing and storage2 7,b7 #dbc1 for merchant wholesalers1 durable goods2 7,c7 #dbd1 for merchant wholesalers1 nondurable goods2 7,d7 #dedaaj1 for electronic shopping and mail-order houses2 or 7,e7 #dibaaj1 for couriers and express delivery services4 7#e7 ,covered employee ,the term covered employee means an employee who-- 7,a7 is employed by an employer for the performance of work at a covered facility2 and 7,b7 is subject to a quota while performing work at such covered facility4 7#f7 ,covered employer 7,a7 ,in general ,the term covered employer means an employer that-- 7i7 is engaged in commerce1 in the production of goods for commerce1 or in an enterprise engaged in commerce or in the production of goods for commerce1 including such an employer that is a contractor1 subcontractor1 temporary service firm1 staffing agency1 independent contractor1 employee leasing entity1 or similar entity2 7ii7 employs a covered employee for the performance of work at a covered facility2 and 7iii7 employs more than a total of #bjj employees 7including on a full- or part-time basis7 for the performance of work at all covered facilities owned or operated by the employer4 7,b7 ,rule of construction ,for purposes of determining the number of employees under subparagraph 7,a77iii71 the total number of employees employed for the performance of work as described in such subparagraph shall include all employees of any affiliate of the employer 7as determined in accordance with section #aba4ajc of title #ac1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act74 7#g7 ,defined time period ,the term defined time period means any unit of time measurement equal to or less than one day1 including hours1 minutes1 and seconds and any fraction thereof4 7#h7 ,designated employee representative ,the term designated employee representative means any representative designated by a covered employee1 including an employee representative that has a collective bargaining relationship with the covered employer of the covered employee4 7#i7 ,director ,the term ,director means the ,director of the ,fairness and ,transparency ,office established by section #e of the ,fair ,labor ,standards ,act of #aich4 7#aj7 ,egregious misconduct ,the term egregious misconduct1 with respect to a covered employee1 means deliberate or grossly negligent conduct that endangers the safety or well-being of the covered employee1 co-workers of the covered employer1 customers1 or other persons1 including discrimination against or harassment of co-workers1 customers1 or other persons4 7#aa7 ,employ2 employee2 employer ,the terms employ2 employee2 and employer have the meanings given such terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#ab7 ,employee work speed data ,the term employee work speed data means information a covered employer collects1 stores1 analyzes1 or interprets relating to the performance of work by a covered employee of the covered employer for a quota1 including information with respect to the-- 7,a7 quantities of tasks performed by the covered employee2 7,b7 quantities of items or materials handled or produced by the covered employee2 7,c7 rates or speeds of tasks performed by the covered employee2 7,d7 measurements or metrics of covered employee performance in relation to a quota2 or 7,e7 time categorized with respect to the covered employee as performing tasks or not performing tasks4 7#ac7 ,quota ,the term quota means an express or implied performance standard or performance target1 including such a standard or target used to rank or compare an employee in relation to the performance of another employee or in relation to the past performance of the employee1 under which-- 7,a7 7i7 an employee is actually or effectively assigned1 required1 or expected within a defined time period 7with or without any reasonable accommodation provided under ,federal1 ,state1 or local law7 to-- 7,i7 perform-- 7aa7 a quantified number of tasks2 or 7bb7 at a specified productivity speed2 or 7,,ii7 handle or produce a quantified amount of material without a certain number of errors or defects2 and 7ii7 such assignment1 requirement1 or expectation is measured at the individual or group level for such defined time period2 7,b7 actions by an employee are categorized and measured between time performing tasks and not performing tasks within a defined time period2 or 7,c7 increments of time of a defined time period during which an employee is or is not doing a particular activity are measured1 recorded1 or tallied4 7#ad7 ,similarly situated covered employee ,the term similarly situated covered employee1 with respect to a covered employee1 means another covered employee who holds the same job or responsibilities as the covered employee4 7#ae7 ,tribal government ,the term ,tribal government means the recognized governing body of an ,indian ,tribe4 7#af7 ,workplace surveillance ,the term workplace surveillance means any employer surveillance 7on- or off-duty7 with respect to an employee1 including the detection1 monitoring1 interception1 collection1 exploitation1 preservation1 protection1 transmission1 or retention of data concerning activities or communications with respect to the employee1 including through the use of a product or service marketed1 or that can be used1 for such purposes1 such as a computer1 telephone1 wire1 radio1 camera1 sensor1 electromagnetic1 photoelectronic1 handheld or wearable device1 or photo-optical system4 7#ag7 ,work station ,the term work station means the area of a covered facility within which a covered employee is assigned to perform tasks for the longest duration of time during a day4 7b7 ,communication with covered employees regarding quotas and workplace surveillance 7#a7 ,in general ,on the later of the date a covered employee is hired by a covered employer or #ahj days after the date of enactment of this section1 each covered employer shall provide to each covered employee of the covered employer-- 7,a7 a written description of each quota to which the covered employee is subject1 including-- 7i7 as applicable1 the quantified number of tasks to be performed or of materials to be produced or handled1 or other performance measure1 within the defined time period1 for the quota2 7ii7 any potential discipline or adverse employment action that could result from failure to meet the quota2 7iii7 how performance targets or performance standards for the quota are calculated2 7iv7 whether there is any incentive or bonus program associated with meeting or exceeding the quota and1 if applicable1 how the incentive or bonus program operates2 and 7v7 how the quota is monitored1 including a description of-- 7,i7 what employee work speed data are being collected2 7,,ii7 how the employee work speed data are being collected1 including a description of any workplace surveillance technology used on the covered employee by the covered employer2 7,,iii7 where and when the employee work speed data are being collected2 7,,iv7 the frequency of the collection2 7,v7 where the storage of the employee work speed data is located2 7,,vi7 the business purposes for which the employee work speed data are being used2 and 7,,vii7 as applicable1 the identity of any third party-- 7aa7 used for such workplace surveillance2 7bb7 to which data from such workplace surveillance is transferred2 and 7cc7 from which data of the covered individual is or may be purchased or acquired2 and 7,b7 a written description of and training with respect to how the covered employee may file a complaint regarding a violation of this section or a standard promulgated under title ,,iii of this ,act4 7#b7 ,changes to quota or workplace surveillance ,each covered employer shall provide to any applicable covered employee an updated written description of any information provided under paragraph 7#a7 not less than #b business days before any changes with respect to such information are made4 7#c7 ,requirements for taking an adverse employment action on quota compliance 7,a7 ,in general ,a covered employer that takes an adverse employment action against a covered employee for work performance that does not meet requirements with respect to a quota shall provide-- 7i7 a written explanation to the covered employee regarding the manner in which the covered employee failed to perform1 including a description of the applicable quota and a comparison of such work performance to such quota2 and 7ii7 if the adverse employment action was based on employee work speed data1 a copy of the employee work speed data in a human-readable format that a reasonable individual can understand4 7,b7 ,notice for actions unrelated to quota ,a covered employer that1 with respect to any covered employee who is subject to a quota1 takes an adverse employment action against such covered employee for any reason that is unrelated to compliance with the quota shall provide to such covered employee a written confirmation that such action was unrelated to compliance with the quota4 7#d7 ,termination 7,a7 ,in general ,a covered employer that seeks to terminate a covered employee shall1 regardless of whether the termination relates to work performance with respect to a quota1 provide to the covered employee a written notice of the intent to terminate the covered employee4 7,b7 ,egregious misconduct ,notwithstanding subparagraph 7,a71 a covered employer may terminate a covered employee without providing such written notice if the covered employee engaged in egregious misconduct4 7#e7 ,descriptions ,each covered employer shall-- 7,a7 provide any written description1 notice1 explanation1 or confirmation described in paragraph 7#a71 7#b71 7#c71 or 7#d7 to a covered employee-- 7i7 through a human representative of the covered employer at the work station of the covered employee2 and 7ii7 in a manner required by the ,director that-- 7,i7 is accessible2 7,,ii7 allows the covered employee to transport the data in the description1 notice1 explanation1 or confirmation without hindrance2 7,,iii7 is in plain language2 and 7,,iv7 is in the primary language of the covered employee2 and 7,b7 make such description1 notice1 explanation1 or confirmation available to the covered employee electronically4 7c7 ,protection from quotas 7#a7 ,prohibited quotas ,a covered employer may not require any quota for a covered employee that would-- 7,a7 prevent-- 7i7 compliance with any required meal or rest period or any other break required by ,federal1 ,state1 or local law2 7ii7 compliance with health and safety provisions required by ,federal1 ,state1 or local law2 7iii7 the use by the covered employee of bathroom facilities1 including reasonable travel time to and from bathroom facilities that takes into account the architecture of the covered facility2 or 7iv7 compliance with a covered employee's right to reasonable accommodations or nondiscrimination as required by ,federal1 ,state1 or local law2 7,b7 set a performance target or performance standard that measures total output for the covered employee over an increment of time that is shorter than one day2 7,c7 measure and evaluate the output or performance of a covered employee during any paid or unpaid break to which the covered employee is entitled under applicable law1 contract1 or industry standard1 including breaks to use bathroom facilities and reasonable travel time to and from bathroom facilities2 7,d7 prevent or discourage the covered employee from exercising any right under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 or any other ,federal law2 7,e7 prevent or discourage the covered employee from exercising any right guaranteed in an applicable collective bargaining agreement2 or 7,f7 violate the generally accepted principles of work measurement as set forth in the ,code of ,work ,measurement ,ethics of the ,american ,institute of ,industrial ,engineers and recognized by the ,secretary4 7#b7 ,adverse employment action ,a covered employer may not take adverse employment action against a covered employee for failure to meet a quota that-- 7,a7 violates paragraph 7#a72 7,b7 was not described to the covered employee in accordance with subsection 7b72 7,c7 is based solely on ranking the performance of the covered employee in relation to the performance of another covered employee or in relation to the past performance of that covered employee2 or 7,d7 is based on continuously measuring1 recording1 or tallying increments of time within a defined time period during which a covered employee is or is not doing a particular activity4 7d7 ,minimization 7#a7 ,collection ,in establishing1 maintaining1 or using employee work speed data with respect to a quota for a covered employee1 a covered employer may not collect1 use1 maintain1 or transfer data on or of the covered employee except as strictly necessary to monitor the compliance of the covered employee with the quota4 7#b7 ,employee access ,in establishing1 maintaining1 or using employee work speed data with respect to a quota for a covered employee1 a covered employer may not disclose any information collected on a covered employee with respect to the quota to any other covered employee of the covered employer except as strictly necessary to fulfill a specific and reasonable business rationale of the covered employer4 7e7 ,recordkeeping 7#a7 ,in general ,each covered employer shall-- 7,a7 maintain contemporaneous records1 with respect to each covered employee of the covered employer1 of-- 7i7 the employee work speed data of each such covered employee2 7ii7 the aggregated work speed data for similarly situated covered employees at the same place where each such covered employee performs work for the covered employer2 and 7iii7 the written descriptions of the quota of each such covered employee provided under subsection 7b77#a72 7,b7 maintain such records for the duration of the employment of each relevant covered employee2 and 7,c7 make such records available to the ,secretary upon request4 7#b7 ,supplementation and dispute of records 7,a7 ,supplementation of records ,each covered employer shall enable a covered employee1 upon request of the covered employee at or after the time of any employee work speed data collection with respect to the covered employee1 to supplement the employee work speed data by recording any reason the covered employee provides for any defined time period during which the covered employee was not performing work-related tasks1 including because the covered employee was taking a paid or unpaid break1 using a bathroom facility 7including reasonable travel to and from the facility71 reporting an injury or receiving attention due to an injury1 exercising a right guaranteed under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 or another ,federal law1 or exercising a right guaranteed under an applicable covered bargaining agreement4 7,b7 ,dispute process 7i7 ,in general ,each covered employer shall enable a covered employee1 upon request of the covered employee at or after the time of any data collection with respect to the covered employee1 to review and request correction of the employee work speed data in accordance with clause 7ii74 7ii7 ,correction of employee work speed data ,a covered employer that receives a request by a covered employee under clause 7i7 shall-- 7,i7 investigate and determine whether the employee work speed data is inaccurate2 and 7,,ii7 if determined to be inaccurate-- 7aa7 promptly correct the inaccurate data and notify the covered employee of the covered employer's determination and correction2 and 7bb7 review and adjust1 as appropriate1 any adverse employment action that was1 partially or solely1 based on the inaccurate data and notify the covered employee of the adjustment4 7#c7 ,retention of records 7,a7 ,in general ,after the termination of employment of a covered employee of a covered employer1 the covered employer shall-- 7i7 for not less than #c years after the date of such termination1 retain the records described in paragraph 7#a7 with respect to the #f-month period prior to such date2 and 7ii7 make such records available to the ,secretary upon request4 7#d7 ,rule of construction ,nothing in this subsection shall require a covered employer to keep records described in paragraph 7#a7 with respect to employee work speed data if such covered employer does not otherwise monitor employee work speed data4 7f7 ,right ,to ,request 7#a7 ,in general ,a covered employer shall1 upon receiving a request under paragraph 7#b7 or 7#c71 provide the relevant copies described in such paragraphs to1 as the case may be1 the covered employee1 designated employee representative1 or individual who was a covered employee-- 7,a7 except as provided in subparagraph 7,b77ii71 at no cost to the covered employee1 designated employee representative1 or individual who was a covered employee2 7,b7 with respect to-- 7i7 a covered employee1 by a human representative of the covered employer2 or 7ii7 a designated employee representative or an individual who was a covered employee1 by a human representative of the covered employer or through the mail 7at the cost of the designated employee representative or individual1 respectively72 and 7,c7 as soon as practicable but not later than-- 7i7 #g business days after receipt of a request for such copies with respect to employee work speed data or aggregate work speed data2 or 7ii7 #b business days after receipt of a request for any other copy4 7#b7 ,requests during employment ,a covered employee1 or a designated employee representative of such covered employee at the request of the covered employee1 may request from the covered employer of the covered employee a copy of the written description described under subsection 7b71 a copy of the employee work speed data 7in a human-readable format that a reasonable individual can understand7 of the covered employee for the preceding #f-month period1 and a copy of the aggregated work speed data 7in a human-readable format that a reasonable individual can understand7 for similarly situated covered employees at the same place where the covered employee performs work for the covered employer for the preceding #f-month period4 7#c7 ,requests after employment termination ,an individual who was a covered employee with respect to a covered employer1 or a designated employee representative with respect to such an individual1 may1 not later than #c years after the date of termination of employment of the covered employee with the covered employer1 request from the covered employer a copy of-- 7,a7 the written description described under subsection 7b7 effective on the date of termination of the covered employee2 7,b7 the employee work speed data 7in a human-readable format that a reasonable individual can understand7 of the covered employee for the #f-month period prior to such date of termination2 and 7,c7 the aggregated work speed data 7in a human-readable format that a reasonable individual can understand7 for similarly situated covered employees at the same place where the covered employee performs work for the covered employer for such #f-month period4 7#d7 ,rule of construction ,nothing in this subsection shall require a covered employer to-- 7,a7 monitor employee work speed data2 or 7,b7 provide information related to employee work speed data if the covered employer does not otherwise monitor such employee work speed data4 7g7 ,posting of ,notices 7#a7 ,in general ,each covered employer shall post1 in a conspicuous and accessible location1 a notice in the covered facility of the covered employer regarding the rights of covered employees under this section1 including what constitutes a permissible quota1 the right to request quota descriptions and employee speed data information1 and the right to make a complaint to ,federal authorities regarding a violation of any right under this section4 7#b7 ,requirements for notices ,each notice described in paragraph 7#a7 shall be in a manner required by the ,director that-- 7,a7 is in plain language2 and 7,b7 is in ,english1 ,spanish1 and any other language that constitutes the primary language of any covered employee at the covered facility4 7h7 ,breaks for covered employees 7#a7 ,in general ,each covered employer shall-- 7,a7 with respect to each covered employee of such covered employer-- 7i7 provide1 for every #d hours of work by such a covered employee1 to the covered employee not less than one #ae-minute rest break paid at the regular rate at which the covered employee is employed2 and 7ii7 provide1 at the time the covered employer hires such a covered employee1 notice to the covered employee1 in plain language and the primary language of the covered employee1 that-- 7,i7 the covered employee is entitled to the paid rest breaks described in clause 7i72 7,,ii7 retaliation by the covered employer against the covered employee for requesting or taking such paid rest breaks is prohibited2 and 7,,iii7 the covered employee1 or a designated employee representative of the covered employee1 has a right to file a complaint with the ,secretary for any violation by the covered employer of this subsection2 and 7,b7 display1 in a conspicuous and accessible location1 a sign at each covered facility of the covered employer that includes1 in ,english1 ,spanish1 and any other language that constitutes the primary language of any covered employee at the covered facility1 the information in the notice described in subparagraph 7,a77ii74 7#b7 ,notice ,not later than #ahj days after the date of enactment of this section1 the ,secretary of ,labor shall issue regulations with respect to the design and content of the sign described in paragraph 7#a77;,b71 including a sample design4 7#c7 ,interaction with other laws ,nothing in this subsection shall be construed to supersede or preempt any ,federal1 ,state1 or local law or collective bargaining agreement requiring longer paid rest breaks than those required under paragraph 7#a77;,a77i74 7i7 ,unlawful ,retaliation 7#a7 ,in general ,a person1 including a covered employer1 an agent of a covered employer1 or person acting as or on behalf of a covered employer conducting hiring or any related activity1 or an officer or agent of any entity1 business1 corporation1 partnership1 or limited liability company1 may not-- 7,a7 discharge or in any way retaliate1 discriminate1 or take any adverse employment action against any individual for exercising any right conferred under this section1 or for being perceived as exercising such a right1 including for-- 7i7 requesting copies under subsection 7f72 7ii7 filing a complaint under subparagraph 7,a7 of section #af7;f7 of the ,fair ,labor ,standards ,act of #aich regarding a violation of this section or designating a representative in accordance with subparagraph 7,b7 of such section to file such a complaint2 or 7iii7 commencing a proceeding under section #af7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;b77 for a violation of this section2 or 7,b7 otherwise prevent an individual for exercising such a right or take any action against an individual that might deter a reasonable employee from asserting a right conferred under this section4 7#b7 ,protections for good faith allegations ,the protections under paragraph 7#a7 shall apply to any individual who mistakenly1 but in good faith1 alleges a violation of a requirement of this section4 7#c7 ,explicit reference not required ,a complaint or other communication by an individual1 including a covered employee1 may be the exercise of a right for purposes of paragraph 7#a7 regardless of whether the complaint or communication is in writing or makes explicit reference to this ,act4 7#d7 ,rebuttable presumption ,if a person takes adverse action against a covered employee within #ij days of the covered employee engaging1 or attempting to engage in1 activities protected by paragraph 7#a71 such conduct shall establish a rebuttable presumption that the adverse action is an adverse action in violation of such paragraph4 ,such presumption may be rebutted by clear and convincing evidence that-- 7,a7 the action was taken for other permissible reasons2 and 7,b7 the engaging or attempting to engage in activities protected by paragraph 7#a7 was not a motivating factor in the adverse action4 7j7 ,quota task force ,not later than #ij days after the date of the enactment of this section1 the ,director shall convene a task force with labor organizations1 worker advocacy organizations1 and covered employees to develop strategies for labor organizations and worker advocacy organizations to-- 7#a7 assist in the enforcement of this section2 7#b7 train covered employees with respect to new rights provided through this section2 and 7#c7 provide the ,director with recommendations on the implementation of regulations related to this section4 #ajc4 ,enforcement by the secretary of labor ,the ,fair ,labor ,standards ,act of #aich is amended-- 7#a7 in section #i 7#bi ,u4,s4,c4 #bji71 by striking or investigation and inserting 1 investigation1 or inspection2 7#b7 in section #aa 7#bi ,u4,s4,c4 #baa71 by adding at the end the following3 7e7 7#a7 ,the ,secretary1 acting through the ,director of the ,fairness and ,transparency ,division1 shall1 as provided in subsection 7a7 and paragraph 7#b71 investigate violations of section #ajb of the ,warehouse ,worker ,protection ,act1 including any violations of any regulation or order issued with respect to that section4 7#b7 ,in addition to powers otherwise provided to the ,secretary under subsection 7a71 the ,secretary1 in investigating violations of section #ajb of the ,warehouse ,worker ,protection ,act1 may upon presenting appropriate credentials to the owner1 operator1 or agent in charge-- 7,a7 enter without delay and at reasonable times any covered facility of a covered employer2 and 7,b7 inspect and investigate during regular working hours and at other reasonable times1 and within reasonable limits and in a reasonable manner1 any such covered facility and all pertinent conditions1 structures1 machines1 apparatus1 devices1 equipment1 and materials therein1 and to question privately any such covered employer1 owner1 operator1 agent1 or covered employee4 7#c7 7,a7 ,in conducting an inspection during an investigation into a violation of section #ajb of the ,warehouse ,worker ,protection ,act1 the ,secretary shall permit1 at the request of a covered employee1 a representative of a labor organization or a worker advocacy organization1 or another designee of the covered employee1 to accompany any inspectors during such inspection4 7,b7 ,a covered employee may1 regardless of the relationship between the covered employee and the labor organization1 worker advocacy organization1 or other designee1 anonymously request to the ,secretary that the ,secretary permit a representative of such labor organization1 worker advocacy organization1 or other designee accompany inspectors during an inspection in accordance with paragraph 7#a74 7f7 7#a7 ,not later than #cj days after an event described in paragraph 7#b71 the ,secretary shall open an investigation under this section 7that includes an on-site inspection7 into any covered employer to determine if such covered employer is violating section #ajb of the ,warehouse ,worker ,protection ,act4 7#b7 ,an event described in this paragraph is1 with respect to a covered employer1 either of the following3 7,a7 ,the ,secretary determines that the covered employer-- 7i7 has an annual total of employee work hours that is not less than #dj1jjj hours2 and 7ii7 has an annual employee injury rate1 overall or at a worksite1 that is not less than #a4e times the warehousing industry's average annual injury rate1 as determined by the ,bureau of ,labor ,statistics in the most recent 7as of such determination7 publication regarding fatal and nonfatal occupational injuries and illnesses data4 7,b7 ,the ,secretary receives1 during any one-year period1 not less than-- 7i7 #e credible complaints from covered employees of the covered employer1 individuals who were covered employees of the covered employer1 or designated representatives of such covered employees or individuals1 about violations under section #ajb of the ,warehouse ,worker ,protection ,act at a worksite2 or 7ii7 #aj credible complaints from covered employees of the covered employer1 individuals who were covered employees of the covered employer1 or designated representatives of such covered employees or individuals1 about such violations at multiple worksites operated by the covered employer4 7#c7 ,in conducting an investigation under paragraph 7#a71 the ,secretary shall select representatives of a labor organization or a worker advocacy organization who have specific knowledge of the relevant industry to conduct outreach to workers with respect to such investigation and aid and accompany investigators in such investigation4 7g7 ,for purposes of subsections 7e7 and 7f71 the terms covered employee1 covered employer1 and covered facility have the meanings given such terms in section #ajb7;a7 of the ,warehouse ,worker ,protection ,act4 2 7#c7 in section #ae7;a7 7#bi ,u4,s4,c4 #bae7;a77-- 7,a7 in paragraph 7#e71 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#g7 to violate any of the provisions of section #ajb of the ,warehouse ,worker ,protection ,act4 2 and 7#d7 in section #af 7#bi ,u4,s4,c4 #baf7-- 7,a7 in subsection 7b7-- 7i7 by inserting or section #ajb of the ,warehouse ,worker ,protection ,act after #ah;,d each place it appears2 7ii7 in the second sentence-- 7,i7 by striking of this ,act shall and inserting shall2 and 7,,ii7 by inserting and1 in the case of a violation of section #ajb of the ,warehouse ,worker ,protection ,act1 of an amount for the direct or foreseeable pecuniary harms resulting from the violation and an amount equal to #aj1jjj per violation of subsection 7b71 7d71 7e71 7f71 or 7g7 of such section or an amount equal to #be1jjj per violation of subsection 7c71 7h71 or 7i7 of such section before the period at the end of the sentence2 and 7iii7 in the fifth sentence1 by striking ,no and inserting ,except with respect to an action brought regarding a violation of section #ajb of the ,warehouse ,worker ,protection ,act1 no2 7,b7 in subsection 7e7-- 7i7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7ii7 by inserting after paragraph 7#b71 the following3 7#c7 ,any person who violates section #ajb of the ,warehouse ,worker ,protection ,act shall be subject to a civil penalty-- 7,a7 in an amount not more than #gf1ihg per violation2 or 7,b7 for repeat or willful violations1 in an amount not more than #gfi1hgj per violation4 2 and 7iii7 in paragraph 7#d77;,c71 as so redesignated1 by striking section #ae7;a77#d7 and inserting paragraph 7#d7 or 7#g7 of section #ae7;a72 and 7,c7 by adding at the end the following3 7f7 ,administrative complaints regarding warehouse worker protections 7#a7 ,in general ,a covered employee or an individual who was a covered employee may-- 7,a7 file a complaint of a violation of section #ajb of the ,warehouse ,worker ,protection ,act with the ,secretary2 and 7,b7 designate a representative of a labor organization or worker advocacy organization1 regardless of the relationship between the covered employee or individual and the labor organization or worker advocacy organization1 to-- 7i7 file the complaint on behalf of the covered employee or individual2 or 7ii7 represent the covered employee or individual for purposes of engagement with the ,secretary regarding such complaint1 including being present at employee interviews and participating in workplace inspections1 conferences1 and settlement negotiations4 7#b7 ,definition of covered employee ,for purposes of paragraph 7#a71 the term covered employee has the meaning given such term in section #ajb7;a7 of the ,warehouse ,worker ,protection ,act4 7g7 ,exemption from the federal arbitration act regarding warehouse worker protections 7#a7 ,in general ,notwithstanding chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 no predispute arbitration agreement or predispute joint-action waiver 7as those terms are defined in section #dja of title #i1 ,united ,states ,code7 shall be valid or enforceable with respect to claims arising under this ,act for violations of section #ajb of the ,warehouse ,worker ,protection ,act4 7#b7 ,arbitration pursuant to a collective bargaining agreement ,nothing in this subsection shall limit the enforceability of any arbitration provision in a collective bargaining agreement between a covered employer 7as defined in section #ajb7;a7 of the ,warehouse ,worker ,protection ,act7 and a labor organization4 7h7 ,exception from class action prerequisites for actions regarding warehouse worker protections ,an employee who brings an action for a violation of section #ajb of the ,warehouse ,worker ,protection ,act on behalf of employees similarly situated shall be considered to have satisfied paragraphs 7#a7 through 7#d7 of rule #bc7;a7 of the ,federal ,rules of ,civil ,procedure for purposes of such an action4 4 #ajd4 ,referral of complaints 7a7 ,memorandum of understanding ,the ,director of the ,fairness and ,transparency ,office established by section #e of the ,fair ,labor ,standards ,act of #aich 7as added by section #aja7 and the ,administrator of the ,wage and ,hour ,office of the ,department of ,labor shall jointly enter into a memorandum of understanding with the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health to encourage efficient enforcement of relevant labor laws1 including through information sharing1 referral of complaints1 and cross-training of inspectors and investigators4 ,the memorandum of understanding shall encourage coordination of enforcement activity in ,states enforcing relevant labor law under a ,state plan that has been approved by the ,secretary under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg74 7b7 ,referral of complaints and cross-,training ,the ,director of the ,fairness and ,transparency ,office shall1 to the greatest extent possible-- 7#a7 encourage the referral of relevant complaints from and to the ,equal ,employment ,opportunity ,commission1 the ,national ,institute for ,occupational ,safety and ,health1 the ,environmental ,protection ,agency1 the ,national ,labor ,relations ,board1 and other ,federal and ,state agencies that may conduct inspections related to occupational health and safety in covered facilities 7as defined in section #ajb7;a7 of the ,warehouse ,worker ,protection ,act72 and 7#b7 promote cross-training of inspectors and investigators in the ,equal ,employment ,opportunity ,commission1 ,national ,institute for ,occupational ,safety and ,health1 ,environmental ,protection ,agency1 and such other ,federal and ,state agencies for inspections related to working conditions in such covered facilities4 #aje4 ,enforcement by the ,,ftc 7a7 ,unfair or deceptive acts or practices ,a violation of section #ajb shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of the ,,ftc 7#a7 ,in general ,the ,federal ,trade ,commission 7in this section referred to as the ,commission7 shall enforce section #ajb and the regulations promulgated under this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7#b7 ,privileges and immunities ,any person who violates section #ajb shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7#d7 ,rulemaking ,the ,commission may promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this section4 ,,ii ,national labor relations act #bja4 ,amendments to ,national ,labor ,relations ,act 7a7 ,in general ,section #h7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended-- 7#a7 in paragraph 7#e7 by striking the period at the end and inserting 2 and2 and 7#b7 by adding at the end the following3 7#f7 to impose on an employee a quota that significantly discourages or prevents1 or is intended to significantly discourage or prevent1 an employee from exercising the rights guaranteed in section #g4 4 7b7 ,presumption of retaliation ,section #h of the such ,act 7#bi ,u4,s4,c4 #aeh7 is amended by adding at the end the following3 7h7 ,presumption of retaliation related to a quota ,any action to impose a quota on an employee that is taken against the employee within #ij days of an employee exercising the rights guaranteed in section #g shall establish a rebuttable presumption that the action is discrimination against the employee in violation of subsection 7a77#f74 4 7c7 ,definitions ,section #b such ,act 7#bi ,u4,s4,c4 #aeb7 is amended by adding at the end the following3 7#ae7 ,quota 7,a7 ,in general ,the term quota means a performance standard or performance target1 including such a standard or target used to rank an employee in relation to the performance of another employee or in relation to the past performance of the employee1 under which-- 7i7 7,i7 an employee is actually or effectively assigned1 required1 or expected within a defined time period 7with or without any reasonable accommodation provided under ,federal1 ,state1 or local law7 to-- 7aa7 perform-- 7,,aa7 a quantified number of tasks2 or 7,,bb7 at a specified productivity speed2 or 7bb7 handle or produce a quantified amount of material without a certain number of errors or defects2 and 7,,ii7 such assignment1 requirement1 or expectation is measured at the individual or group level for such defined time period2 7ii7 actions by an employee are categorized and measured between time performing tasks and not performing tasks within a defined time period2 or 7iii7 increments of time of a defined time period during which an employee is or is not doing a particular activity are measured1 recorded1 or tallied4 7,b7 ,defined time period ,for purposes of subparagraph 7,a71 the term defined time period means any unit of time measurement equal to or less than one day1 including hours1 minutes1 and seconds and any fraction thereof4 4 #bjb4 ,national ,labor ,relations ,board report ,the ,national ,labor ,relations ,board shall-- 7#a7 examine cases in which a quota 7as such term is defined in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb77 was used as a reason to deny a worker rights under the ,national ,labor ,relations ,act2 and 7#b7 as often as practicable1 submit a report on such cases to-- 7,a7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7,b7 the ,committee on ,education and ,workforce of the ,house of ,representatives4 ,,iii ,,osha standards #cja4 ,standard protecting covered employees from occupational risk factors causing musculoskeletal disorders 7a7 ,proposed standard ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a proposed standard for ergonomic program management for covered employers with respect to covered employees1 including requirements for-- 7#a7 hazard identification and ergonomic job evaluations for covered employees1 including requirements for covered employee and designated employee representative participation in such identification with the aim of maximizing such participation2 7#b7 hazard control at covered facilities1 which may rely on the principles of the hierarchy of controls and which may include measures such as equipment and workstation redesign1 work pace reductions1 or job rotation to less forceful or repetitive jobs2 7#c7 training for covered employees regarding covered employer activities1 occupational risk factors1 and training on controls and recognition of symptoms of musculoskeletal disorders2 and 7#d7 medical management for covered employees that includes-- 7,a7 encouraging early reporting of musculoskeletal disorder symptoms2 7,b7 first aid delivered by those operating under ,state licensing requirements2 and 7,c7 systematic evaluation and early referral for medical attention4 7b7 ,final standard ,not later than #d years after the date of enactment this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a final standard based on the proposed standard under subsection 7a74 #cjb4 ,standard for protecting covered employees from delays in medical treatment referrals following injuries or illnesses 7a7 ,proposed standard ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a proposed standard requiring that-- 7#a7 all covered employers have a person readily available at the covered facility of the covered employer who is adequately trained to render first aid and ensure that such person provides first aid to any injured or ill covered employee and1 without delay1 refers any such covered employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional for such treatment2 and 7#b7 all covered employers provide to the covered employees of the covered employer occupational medicine consultation services through a physician who is board certified in occupational medicine1 which services shall include-- 7,a7 regular review of any health and safety program1 medical management program1 or ergonomics program of the covered employer2 7,b7 review of any work-related injury or illness of a covered employee2 7,c7 providing onsite health services for treatment of such injury or illness2 and 7,d7 consultation referral to a local health care provider for treating such injury or illness4 7b7 ,final standard ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a final standard based on the proposed standard under subsection 7a74 #cjc4 ,correction of serious1 willful1 or repeated violations pending contest and procedures for a stay 7a7 ,in general ,section #aj of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fei7 is amended by adding at the end the following3 7d7 ,correction of serious1 willful1 or repeated violations pending contest and procedures for a stay 7#a7 ,period permitted for correction of serious1 willful1 or repeated violations ,for each violation which the ,secretary designates as serious1 willful1 or repeated1 the period permitted for the correction of the violation shall begin to run upon receipt of the citation4 7#b7 ,filing of a motion of contest ,the filing of a notice of contest by an employer shall not operate as a stay of the period for correction of a violation designated as serious1 willful1 or repeated4 7#c7 ,criteria and rules of procedure for stays 7,a7 ,motion for a stay ,an employer that receives a citation alleging a violation designated as serious1 willful1 or repeated and that files a notice of contest to the citation asserting that the time set for abatement of the alleged violation is unreasonable or challenging the existence of the alleged violation may file with the ,commission a motion to stay the period for the abatement of the violation4 7,b7 ,criteria ,in determining whether a stay should be issued on the basis of a motion filed under subparagraph 7,a71 the ,commission may grant a stay only if the employer has demonstrated-- 7i7 a substantial likelihood of success on the areas contested under subparagraph 7,a72 and 7ii7 that a stay will not adversely affect the health and safety of employees4 7,c7 ,rules of ,procedure ,the ,commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph 7,a7 on an expedited basis4 ,at a minimum1 such rules shall provide the following3 7i7 ,that a hearing before an administrative law judge shall occur not later than #ae days following the filing of the motion for a stay 7unless extended at the request of the employer71 and shall provide for a decision on the motion not later than #ae days following the hearing 7unless extended at the request of the employer74 7ii7 ,that a decision of an administrative law judge on a motion for stay is rendered on a timely basis4 7iii7 ,that if a party is aggrieved by a decision issued by an administrative law judge regarding the stay1 such party has the right to file an objection with the ,commission not later than #e days after receipt of the administrative law judge's decision4 ,within #aj days after receipt of the objection1 a ,commissioner1 if a quorum is seated pursuant to section #ab7;f71 shall decide whether to grant review of the objection4 ,if1 within #aj days after receipt of the objection1 no decision is made on whether to review the decision of the administrative law judge1 the ,commission declines to review such decision1 or no quorum is seated1 the decision of the administrative law judge shall become a final order of the ,commission4 ,if the ,commission grants review of the objection1 the ,commission shall issue a decision regarding the stay not later than #cj days after receipt of the objection4 ,if the ,commission fails to issue such decision within #cj days1 the decision of the administrative law judge shall become a final order of the ,commission4 7iv7 ,for notification to employees or representatives of affected employees of requests for such hearings1 and to provide an opportunity for affected employees or representatives of affected employees to participate as parties to such hearings4 4 7b7 ,conforming amendments 7#a7 ,in general ,the ,occupational ,safety and ,health ,act of #aigj is amended-- 7,a7 in the first sentence of section #aj7;b7 7#bi ,u4,s4,c4 #fei7;b771 by inserting 1 with the exception of violations designated as serious1 willful1 or repeated1 after 7which period shall not begin to run2 and 7,b7 in section #ag 7#bi ,u4,s4,c4 #fff7 by striking subsection 7d7 and inserting the following3 7d7 ,any employer who fails to correct a violation designated by the ,secretary as serious1 willful1 or repeated and for which a citation has been issued under section #i7;a7 within the period permitted for its correction 7and a stay has not been issued by the ,commission under section #aj7;d77 may be assessed a civil penalty of not more than #g1jjj for each day during which such failure or violation continues4 ,any employer who fails to correct any other violation for which a citation has been issued under section #i7;a7 of this title within the period permitted for its correction 7which period shall not begin to run until the date of the final order of the ,commission in the case of any review proceeding under section #aj initiated by the employer in good faith and not solely for delay of avoidance of penalties7 may be assessed a civil penalty of not more than #g1jjj for each day during which such failure or violation continues4 4 7#b7 ,adjustment under the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij 7,a7 ,catch-up ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall adjust the maximum amounts described in subsection 7d7 of section #ag of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff71 as amended by paragraph 7#a77;,b71 so that each such amount equals the maximum amount of the civil penalty under such subsection 7as in effect on the day before such date of enactment7 as adjusted by section #d of the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij 7#bh ,u4,s4,c4 #bdfa note74 7,b7 ,subsequent adjustments ,subparagraph 7,a7 and the amendment made by this paragraph 7#a77;,b7 shall not be construed to affect the application of the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij 7#bh ,u4,s4,c4 #bdfa note7 to the civil penalty amount under section #ag7;d7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7 for any adjustment under section #d of the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij 7#bh ,u4,s4,c4 #bdfa note7 after the catch-up adjustment made by the ,secretary of ,labor under subparagraph 7,a74 #cjd4 ,definitions ,for purposes of sections #cja and #cjb1 the terms covered employee1 covered employer1 covered facility1 and designated employee representative have the meanings given such terms in section #ajb7;a74 ,,iv ,miscellaneous provisions #dja4 ,severability ,if any provision of this ,act 7including an amendment made by this ,act7 or the application of such provision to any person1 entity1 government1 or circumstance1 is held to be unconstitutional1 the remainder of this ,act 7including the amendments made by this ,act71 or the application of such provision to all other persons1 entities1 governments1 or circumstances1 shall not be affected thereby4 #djb4 ,preemption 7a7 ,interaction with other laws ,nothing in this ,act 7including the amendments made by this ,act7 or the regulations promulgated under this ,act shall be construed to supersede or preempt any law or ordinance of a ,state1 or political subdivision of a ,state1 that requires limitations on any quota for a covered employee of a covered employer that are comparable to or greater than the protections provided in this ,act4 7b7 ,collective bargaining agreements ,nothing in this ,act 7including the amendments made by this ,act7 or the regulations promulgated under this ,act shall be construed to supersede or preempt employment terms or conditions agreed upon in collective bargaining agreements that are more beneficial to a covered employee4 7c7 ,,osha ,no action by the ,director under this ,act 7including the amendments made by this ,act7 shall be construed as an exercise of statutory authority within the meaning of section #d7;b77#a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fec7;b77#a774 7d7 ,definitions ,for purposes of this section1 the terms ,director1 covered employee1 covered employer1 designated employee representative1 and quota have the meanings given such terms in section #ajb7;a74 #djc4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act such sums as may be necessary for each of the fiscal years #bjbf through #bjcf4